HomeMy WebLinkAboutRES 197 Draft 01 2022-2024 I
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COUNTY OF HAWAIJ STATE OF HAWAPI
krF OF•Hai
RESOLUTION NO. 197 23
A RESOLUTION URGING CONGRESS TO PRESERVE THE ZONING AN
REGULATORY AUTHORITY OF LOCAL GOVERNMENTS OVER
TELECOMMUNICATION INFRASTRUCTURE.
WHEREAS, on May 24th, 2023, the U.S. House of Representatives, Committee on
Energy and Commerce favorably reported H.R. 3557,titled the "American Broadband
Deployment Act of 2023"; and
WHEREAS, the National Association of Counties expressed concerns with several
provisions of this bill, among which included the preemption of state and local zoning authority
over the placement, construction, or modification of certain telecommunication infrastructure,
limiting the ability of state and local governments to collect fair market compensation for the use
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or management of public rights-of-way, and the enactment of"deemed granted"provisions and
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stringent parameters for the denial of such permits, approvals, and authorizations; and
WHEREAS, the Federal Government has historically recognized the rights of local
governments to regulate certain aspects of the development and deployment of
telecommunication infrastructure in their respective jurisdictions under Sections 224, 253, and
332 of U.S. Code Title 47; and
WHEREAS, the Council of the County of Hawaii has previously expressed its
commitment to the authority of local governments over decisions relating to telecommunication
infrastructure through Resolution No. 177-95 and Resolution No. 274-98; now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
concurs with the position of the National Association of Counties as specified hereinabove, and
urges Congress to preserve the zoning and regulatory authority of local governments over
telecommunication infrastructure and to reject any legislation that would preempt such authority.
BE IT FINALLY RESOLVED, that the County Clerk shall transmit a copy of this
resolution to The Honorable Mazie Hirono and The Honorable Brian Schatz, United States
Senators; The Honorable Edward dward Case and The Honorable Jill Tokuda, United States
Representatives; and Bernard Carvalho, Jr., President of the Hawai`i State Association of
Counties.
Dated at Hilo , Hawai`i, this 6th day of July , 20 23
INTRODU ED BY:
COUNCIL MEP BE , COUNTY OF HAWAI`I
COUNTY COUNCIL
ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawai`i EVANS X
GALIMBA X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted b the COUNCIL of the KAGIWADA X
County of Hawai`i on July 6, 2y023
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
LEE LOY X.
VILLEGAS X
9 0 0 0
4-" Reference: C-334/Waived GOEAC
C'QT CLERK RPERSON&P SIDING OFFICER RESOLUTION NO. 197 23
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